Happy New Year! I hope 2021 is off to a great start! A new year brings the opportunity to reflect and regroup. We will be building upon the work we began during the pandemic- which will include meeting with county leaders to work toward a new contract. There will also be challenges at the State Capital during the year in regards to the conversation of police reform. FDSA will be front and center in those conversations with state legislators. We are looking forward to life getting back to normal later this year and also feeling optimistic about the COVID-19 vaccine that should soon be available to law enforcement officers.

Fresno Police Officer Dies of COVID-19

On December 28, 2020- longtime Fresno Police Officer Angel De La Fuente died of complications of COVID-19. It’s the first officer at the Fresno Police Department to die from the coronavirus. On behalf of the Fresno Deputy Sheriff’s Association- a donation of one thousand dollars was made to Officer De La Fuente’s family from our Peace Officer Memorial Fund. In addition- we are sending a large floral arrangement to his funeral. Fresno DSA is also offering any support to the Fresno Police Officer’s Association that they may need during this difficult time.

New Insurance Company Questions and Concerns

As most of you are aware, we have a new insurance carrier as of January 1, 2021. Our medical coverage is now under Anthem Blue Cross. Please refer back to some of my prior messages, October and November, to review why the switch was made.

Some of you have reported not receiving your insurance cards. The envelope they were sent in is NOT a large packet. It’s an envelope that could easily be overlooked. However, if you did not receive them, there is an easy process to replace them.

If you need your Anthem Member ID number- you can call DiBuduo and DeFendis at (559) 437-6750 to get this information. Once you have your ID number, you can use either their website www.anthem.com or mobile app Sydney Health to view a copy of your current ID card. You can also print duplicate copies of the card(s) anytime. And finally, there can be a request made to have the originals sent to you through Anthem. I would recommend speaking with someone to verify all the correct information. As always, please check your primary care physician to make sure it’s correct. If you have any alterations, you can call Anthem’s HMO member services at (800) 888-8288.

I have received some calls and inquiries about the change in benefits and coverage. We have notified members in various ways of the changes over the past few months. If you are not signed up on our FDSA website to receive important emails and notifications- please do so soon. I cannot stress this enough. This will keep you updated on pertinent information that impacts you and your family. The information for all of your benefits will

only be in the Member’s Only section of our website www.fresnodsa.org. To register select the link stating “login” in the top right corner, then select “Don’t have an account”. Again, I urge you to sign up for the website. Any information put out by the DSA will only be sent through the website. Communication is key to knowing what is going on with your hours, wages, and working conditions.

PORAC Executive Board Swearing-In

On November 19th, I was sworn in as one of the Region Two Executive Board members for PORAC. Each region has two representatives. My counterpart in Region Two is Randy Beintema (San Joaquin County DSA), who has over 35 years of experience involved with PORAC, specifically on the Executive Board. Randy is also currently the PORAC Secretary. I look forward to working with and learning from Randy.

Region Two, covers from Chico to Bakersfield. In this role, I will be listening to issues impacting each area and representing your best interests as law enforcement officers in the Central Valley. The Executive Board weighs in on the day-to-day decisions of the PORAC organization and the numerous issues going on throughout the State. Being part of the decision-making process on the state level, more than on the Board of Directors is an honor for the Fresno DSA. This board tackles legislative initiatives that attempt to take away law enforcement officer rights and works to improve the working conditions and benefits of those frontline officers who put their lives on the line to defend the communities they serve.

I want to thank you for ending 2020 strong and all of the hard work you put in last year to round out what was a challenging year on so many levels. From a line of duty death, to the historic Creek Fire, and finally COVID-19. Although we still are experiencing a surge in COVID-19 cases locally- I am encouraged by the hope this vaccination will bring to our country.

Stay the course, stay safe and keep your heads up.

My best,
Eric

The 68th annual PORAÇ Conference of Members was set to be held at the Disneyland Resort in Anaheim in November. However, with the current state of the COVID-19 shut downs, and the Governor's tier system (especially in Southern California- where restrictions have never been lifted) PORAC had no choice, but to cancel the conference. However, the Executive Board and Board of Directors still met in a scaled down session to conduct business for the 77,000 plus members of our organization. For two full days, the PORAC Board met and discussed pertinent and pending business. Much of the conversation centered around legislative matters that are upcoming, as well as mapping out a plan for 2021.

Believe it or not, 2020 started out to be a smooth legislative year. But it quickly changed once the pandemic began.

Now entering nine months of the COVID-19 crisis, the result has been a 54-billion-dollar deficit, an economy in trouble, and high unemployment rates. It has also created a skyrocketing crime rate and tremendous hardship in many communities.

Sometimes national events can have a significant impact on law enforcement and the community- even when they take place across the country. This was the case when George Floyd died in Minneapolis. His death prompted protests and riots US. In addition-it added enormous unrest to PORAC's legislative challenges. In the wake of Floyd's death, critical discussions began all over the country about use of force, police brutality and creating a change in America. There's been a big push in many communities for police reform. PORAC also saw a major movement towards this over the last six months. Police reform would greatly impact how our members do their jobs.

While some states may be new to the conversations around deadly use of force, training, and police misconduct, PORAC has been a proactive leader in confronting these heated and controversial topics. The organization has also played an important role in this discussion at the state capitol over the past several years. Quite a few of my past President's Messages have addressed the critical work PORAC has been doing to stay on the forefront of this important issue.

Last year, through thoughtful research and discourse, PORAC worked with the Legislature and Governor on AB 392 by Assemblywoman Shirley Weber, as well as our sponsored bill, SB 230 by Senator Anna Caballero. Together, these two measures became a comprehensive bill package codifying the national standard on use of force and training that minimizes incidents of force. While also ensuring the safety of our officers who risk their own lives to protect those they serve. Although no one could have been fully prepared for the challenges of 2020, PORAC's collaborative work around use-of-force has laid a strong foundation in the Capitol and our voices were heard louder than ever before.

The closing of the 2019-20 two-year Legislative Session was on August 31st. Governor Newsom had until midnight on September 30th to sign or veto the multitude of bills that were sent to him. If he did not take action on a bill, it automatically became law without his signature.

Following Floyd's death, over 20 measures, mostly bills- with their former language completely gutted, were amended to address numerous elements of police reform.

Most of the bills were hastily written and were responses to the outcry of numerous social justice campaigns. The PORAC Board of Directors immediately convened and wholeheartedly discussed the direction of the country and the future of policing. The Board of Directors gave direction to begin meeting with legislators, legislative staff and the Governor's office. PORAC also got additional direction from its legal defense attorneys and PORAC's internal and external communications team. This was an attempt to draft amendment language to make the bills acceptable, without sacrificing the safety and well-being of our members and the public.

Thankfully, our concerns were heard and most of the measures did not pass through committee. They were either held by their authors, or vetoed by the Governor. In fact, of the 20 or so bills PORAC had concerns about- only two were signed by the Governor. This was due to the association leadership and PORAC board- who helped make this happen.

Although we would normally be breathing a sigh of relief for completing a successful session, we are keenly aware that nearly every bill that did not move this year- will likely be reintroduced in the new legislative session. In addition, PORAC knows that real change does not happen when we are just fighting poorly-written bills; rather, we must ensure that we are at the table when serious reform is discussed.

PORAC is working with stakeholders on developing our own legislation in an effort to bring real law enforcement experience, expertise, and ideas to the conversation around police reform and policy changes.

Happy Holidays

The holidays are upon us and although the pandemic has forced many of us to be temporarily separated by those we treasure-I am hopeful that 2021 will bring about an end to the crisis and a return to our normal everyday lives. I hope you find time this season to remember what we do have and feel even more grateful for the people who make our lives meaningful. Police work is stressful and policing during a pandemic is even more challenging. I hope you find time to enjoy a hobby or treat yourself to something special. Wishing you and yours a blessed season!

Truly,
Eric

POLICE REFORM BILLS VETOED BY GOVERNOR

SB 629 by Senator Mike McGuire (D-Healdsburg) - Active Oppose SB 629 (McGuire) would have prohibited peace officers from stopping “duly authorized” press from entering areas closed off by officers surrounding any emergency field command post, police line, or rolling closure at a demonstration, march, protest, or rally where individuals are engaged primarily in constitutionally protected activity. “Duly authorized" means all an individual has to do is show a business card or what looks like a professional camera as proof that they are the media, when, in fact, they could be a blogger or anyone else who purports to be a “reporter.” SB 629 (McGuire) would have also prohibited a peace officer from intentionally assaulting, interfering with, or obstructing a duly authorized representative who is gathering, receiving, or processing information for communication to the public.

SB 1220 by Senator Thomas Umberg (D-Santa Ana) - Neutral per amendments This bill would have required each prosecuting agency to maintain a Brady list and would have required any state or local law enforcement agency maintaining personnel records of peace officers and custodial officers to annually, to each prosecuting agency within its jurisdiction, and upon request to any prosecuting agency, provide a list of names and badge numbers of officers employed by the agency in the five years prior to providing the list who meet specified criteria, including, among other things, that the officer has had sustained findings for conduct of moral turpitude or group bias or that the officer is on probation for a criminal offense.

PORAC supports the idea of creating a statewide, uniform appeal or rebuttal process for peace officers who are on the Brady List or are being considered for placement on the list. However, prior to the most recent amendments, this measure did not meet the criteria PORAC felt was important to guarantee some type of due process for these peace officers. For example, PORAC supports a peace officer being given notice prior to being placed on a Brady List and the opportunity to rebut it. Senator Umberg and the sponsors of SB 1220 worked with PORAC on addressing these issues and we were able to reach amendments that removed our opposition on the bill.

AB 1299 by Assemblymember Rudy Salas (D-Bakersfield) - Support This measure closes the loophole wherein an officer with an allegation of serious misconduct can separate from a department and get re-hired at another agency; thereby, halting an investigation of that allegation and continuing to stay employed. AB 1299 (Salas) requires the employer receiving the allegation to complete the investigation and report their findings to POST. This will ensure any prospective employer the officer applies to will have the proper background information on that officer.

POLICE REFORM BILLS - FAILED PASSAGE

SB 731 by Senator Steven Bradford (D-Gardena) - Active Oppose SB 731 (Bradford) would have created a Decertification Program within the Commission on Peace Officer Standards & Training (POST) and established a Board within POST with the authority to revoke certificates with or without an officer having a sustained allegation. The new Board would have been made up of nine members - six of whom were public members, whose qualifications were directly related to officer misconduct, and three law enforcement management members. It was a stacked deck. There was no way an officer could get a fair hearing and Peace Officers' Bill of Rights (POBOR) protections were not included in this process. Furthermore, SB 731 would have eliminated an officer's and their agency's Qualified Immunity.

SB 776 by Senator Nancy Skinner (D-Berkeley) - Neutral, per amendments Due to the legislative clock running out, SB 776 (Skinner) did not get a final concurrence vote on the Senate Floor and the bill officially died at midnight, August 31st. This bill would have expanded the reporting requirements for certain acts of police misconduct originally created in SB 1421 (Skinner). The measure had been amended to include most of PORAC's recommended changes. Concerns that were not addressed in the latest amendments related to the expansion of the definition of "use of force" and what is releasable under that definition. However, PORAC's biggest concerns regarding investigatory files being released in cases that were not sustained had been taken care of. Due to the author accepting most of the amendments, PORAC's Executive Committee voted to move to a neutral position on the measure.

AB 66 by Assemblymember Lorena Gonzalez (D-San Diego) - Active Oppose AB 66 (Gonzalez) was on the Senate Floor awaiting a vote and the Legislature simply ran out of time; therefore, the bill was held. AB 66 would have limited the use of “kinetic energy projectiles” and “chemical agents” during public acts of protest, marches, and other gatherings. While the language surrounding projectiles was limiting in nature, the bill, as written, would have outright banned the use of tear gas during these events. PORAC believes that if these events turn violent, then law enforcement must have various non lethal options at their disposal to quell the danger, including the use of teargas. We are working with Assemblymember Gonzalez on language to help with these scenarios.

AB 1022 by Assemblymember Chris Holden (D-Pasadena) - Active Oppose Last year, PORAC was a part of a working group that negotiated issues that made comprehensive changes in the area of use of force. In that legislation, we created a mandate that an officer intercede when they feel another officer is using excessive force. The new law also requires an officer to report what they believe to be excessive force to the department. AB 1022 not only addressed those issues again, but redefined excessive force. This legislation also stated that if an officer failed to intercede, they would be disciplined in the same matter as the officer who used the excessive force. Oftentimes, when an officer is not the first, or even second, person to arrive on the scene, they will observe actions being taken with a suspect without knowing what led up to the actions they are observing. For example, an officer may arrive at a scene and witness two or three officers wrestling or in a fight with a suspect on the ground. The arriving officer may not know that the suspect has a weapon, or has potentially used, or attempted to use, that weapon on the officers prior to their arrival on the scene. Without the arriving officer having full knowledge of the situation, that officer's intercedence could be dangerous to both the officers and the public.

Finally, this bill would have eliminated a national standard relating to "an objectively reasonable officer” and replaced that with a level of force that is not reasonably believed” or “reasonably perceived level of actual or threatened resistance.” These terms were not defined in the legislation and would have, again, changed the standard negotiated with the leadership of both houses last year.

AB 1652 by Assemblymember Buffy Wicks (D-Oakland) - Active Oppose This bill would have required each law enforcement agency to expand the agency's use of force policy to include clear and specific guidelines under which officers may use “kettling” or“corralling,” and prohibited officers from failing to wear, or intentionally acting to obscure or conceal information on, a badge while on duty. PORAC supported the language in AB 1652 that called for clear and specific guidelines by the department regarding the use of kettling or corralling. However, PORAC opposed the prohibition against an officer failing to wear a badge while handling protests. In many cases, an officer will be told to remove their badge and name tag when going into a protest or riot situation simply because those two items potentially become a dangerous handhold for individuals. In addition, oftentimes plain-clothed officers are placed into crowds to obtain information for potentials dangers or threats. Finally, and most importantly, this legislation would have imposed discipline on an officer for violations of this section. Under current law, discipline is imposed by the employing agency of that officer. PORAC is adamantly opposed to legislation that undermines management/labor relations and the disciplinary process.

AB 1709 by Assemblymember Shirley Weber (D-San Diego) - Active Oppose PORAC opposed this bill because it goes directly against the substantial agreements we negotiated last year on AB 392 (Weber) and SB 230 (Caballero) relating to use of force. Specifically, we had discussed the importance of stating, in law, the need for an officer to not desist in their efforts to make an arrest or define de-escalation tactics to include tactical repositioning.

PORAC has serious issues when we work with leadership of both houses, and individual members, to negotiate substantive amendments in this area of law, only to have a new bill introduced merely six months after AB 392 became law, which changes specific negotiated terms. Furthermore, PORAC takes umbrage with the fact that this bill was a gut and amend in a COVID-shortened legislative session, after a year of negotiation, and the author did not reach out or discuss this issue with us.

AB 2598 by Assemblymember Rob Bonta (D-Alameda) - Active Oppose This bill would have put into place a system wherein all law enforcement agencies would not be able to participate in a federal joint terrorism task force without prior approval from the governing body of that agency, or the Attorney General. The approval would have to be in a public session where the agency would have to explain, in that open session, what or who the task force is targeting and what technology they plan to use during the investigation, PRIOR to the actual investigation commencing. How could an agency possibly be successful in stopping terrorism when they will be forced to openly present the entire case and investigation plans prior to the investigation beginning?

Another issue is that the legislation required public posting of the investigatory plan and prior task force involvement on the local and the state Attorney General's websites. PORAC understands that the federal government created different rules than California as it relates to investigating terrorism after the attacks in New York in 2001; however, if California law enforcement agencies are to legitimately fight to stop terrorism in our state, informing the terrorists ahead of time of our investigations will hinder those efforts greatly; thereby, potentially endangering all Californians.

POLICE REFORM BILLS - SIGNED INTO LAW

Although PORAC chose to leave an Active Oppose position on the following bills, PORAC's remaining concerns were technical or clarifying in nature.

AB 1506 by Assemblymember Kevin McCarty (D-Sacramento) - Active Oppose This bill creates an Office of State Prosecutor within the Department of Justice (DOJ). In lieu of a District Attorney investigation, this new State Prosecutor would review all cases where an officer kills an “unarmed” individual. This part of the bill leaves some unanswered questions relating to the definition of unarmed. Furthermore, AB 1506 (McCarty) does not specifically address the Procedural Bill of Rights in the language. PORAC is currently working with the Attorney General's office to ensure officers have the due process rights afforded them during and after the Attorney General's investigation.

AB 1196 by Assemblymember Mike Gipson (D-Carson) - Active Oppose This bill bans the use of carotid restraint by officers. PORAC had concerns that the language, as drafted, did not provide law enforcement officers the ability to use the carotid restraint when their own life, or any other person, was at risk. We requested language be added to specify an officer can use these restraints if they reasonably fear they, or any other person, is in danger of great bodily injury or death. The author did not include this language because he felt it was already covered under current law. In fact, he submitted a letter to the official Assembly Journal so stating.

OTHER IMPORTANT MEASURES TO PORAC

AB 2068 Cottie Petrie-Norris (D-Laguna Beach) - Co-Sponsor, PASSED On Monday, May 4th, 2020, the California Peace Officers 'Memorial Foundation (CPOMF) would have hosted the 44th annual California Peace Officers ’Memorial Ceremony held at the California Peace Officers 'Memorial Monument in Sacramento on State Capitol grounds. The ceremony serves to formally enroll peace officers who have died in the line of duty the previous year, to pay tribute to the over 1,600 officers who have made the ultimate sacrifice since California became a state, and to honor the families left behind. Our law enforcement family continues to experience tremendous loss, and this ceremony helps honor those who laid down their life and ensure their legacy will live on. In addition to hosting the ceremony each year and maintaining the grounds in which the monument stands, CPOMF also subsidizes survivor support groups, and supports the families of our fallen heroes through our educational grants and financial assistance programs.

CPOMF is a nonprofit charitable organization that is fully funded through contributions. In 1999, a bill was passed to allow tax payers to make voluntary tax-free contributions directly to CPOMF on their personal state income tax returns. Under current law, the tax check-off, dedicated directly to CPOMF, has a sunset date of January 1, 2021. AB 2068 extends that date and ensures the continuation of the Peace Officers ’Memorial and Ceremony, as well as continue the successful programs within CPOMF that provide support and services in recognition of fallen peace officers and firefighters in California.

AB 2200 by Assemblymember Ash Kalra (D-San Jose) - Active Oppose, FAILED This bill would have prohibited the state from seeking a criminal conviction or sentence on the basis of race, ethnicity, or national origin and allow a writ of habeas corpus to be prosecuted on the basis of that prohibition.

PORAC agreed with parts of the measure which stated that bias and racism have no place in the justice system. Bias is wrong, regardless of where it takes place; however, there are laws in place to remedy and correct the injustices of bias and discrimination. We believe that this bill would have not achieved its stated goals, but would have simply acted as a lever for criminals to continue to prey upon and make victims of the citizens of California. Furthermore, AB 2200 was extremely over-broad and the burden of proof for all of the sections by a defendant is a mere preponderance of the evidence. In addition, AB 2200 seemed to undermine our current Pitchess and Brady Rules by requiring agencies to compile and retain data on each officer within a department or other departments that the defense bar may deem relevant to their case.

AB 3070 by Assemblymember Shirley Weber (D-San Diego) - Active Oppose, PASSED This bill prohibits a party from using a peremptory challenge to remove a prospective juror on the basis of the prospective juror's race, ethnicity, gender, gender identity, sexual orientation, national origin, or religious affiliation. AB 3070 also allows a party to object to the use of a peremptory challenge to raise the issue of improper bias based on these criteria. Upon objection, the bill requires the party exercising the challenge to state the reasons the peremptory challenge has been exercised.

PORAC fully supports the existing standards and processes put in place when choosing jurors for a case. These current and historical judicial discretions have been developed and accepted by state and federal courts to allow for a fair trial, free of purposeful bias and discrimination. Furthermore, in January of this year, the California Supreme Court announced they would be forming a working group to study and offer public participation in the issue of judicial discretion and peremptory challenges. PORAC felt it was premature to run legislation before the working group has come out with their findings and recommendations.

Winter is approaching and we are now nine months into the continuing pandemic. Fresno County remains in Governor Gavin Newsom’s ‘red tier,” which means the county can partially open businesses. Right now, places like restaurants, gyms, hair salons, movie theaters and a host of other businesses can open at various capacities. Most are under 50 percent. However, we remain watchful of Fresno County COVID-19 numbers and the formula used by state officials- since our county seems to be at risk of dipping into the purple tier. At this point- testing needs to be improved. In short, not enough people are getting tested locally.

Vacation Signups

I hope all of you have been able to start signing up for your 2021 vacation weeks. Please take advantage of the time off to decompress from the daily grind and the stress of police work. Maintaining a good balance means enjoying moments of relaxation and rejuvenation.

Keep in mind when you are selecting your vacation weeks, they can be canceled by going through your chain of command, but they are not guaranteed to transfer to another week. Meaning, you can cancel, but nothing is guaranteed to capture a different week. This will depend on staffing in the area you work.

November 2020 Primary

The big presidential election is now behind us! Hopefully each of you were able to either make it to the polls or return your ballots to be counted!

One of the bigger initiatives on the ballot was Prop 20 – essentially reversing some of the Prop 47 and Prop 57 decriminalization measures in California. PORAC was a huge supporter of this proposition and sent our various notices out to law enforcement officers and families about its importance.

Insurance Trust

By now, you all should have received your open enrollment packets from the Insurance Trust. These have the information you and your family will need for our Anthem Blue Cross Plan, Delta Dental and MES Vision.

****IF YOU HAVE NOT RECEIVED AN INSURANCE PACKET PLEASE CALL THE FDSA OFFICE TO ENSURE WE GET ONE OUT TO YOU.****

Included in the insurance packets is information for you to sign up for the FDSA website. I can’t stress how important this information is moving forward. All of your insurance information will now be listed in the members only section of the website. This means you must register and create a user name and password in order to gain access.

Also in the packets- you will find the rate information from Anthem Blue Cross, which includes dental, vision and life rates for all active members. These rates include the negotiated county contribution rates that will be reflected in your paycheck starting December 14, 2020.

A majority of you will not see any difference in your benefits.

Those who do not wish to change their current coverage- will not need to do anything during open enrollment. The system is built to transition you from where you are now to where you will be on January 1.

I have attached my message from last month for those of you who did not see it, explaining how we changed carriers.

Overall, the plan has risen 7 percent overall with the increase based on rates from Anthem Blue Cross. Please remember, our rates are directly based on experience and risk. This formulation dictates which direction either a rate increase or rate decrease has to the plan. In deciding what will work best for you and your family- please consider the annual cost and what is more suitable for you in terms of a PPO or HMO.

It’s been a very hectic few months with the Creek Fire, pandemic, election, shift signups and so much more. Despite this season of stress and change, we are finding countless reasons to be grateful. We were still able to host the 14th Annual FDSA Memorial Golf Tournament on October 23rd, and although different and socially distanced - it was a big success. Most other local organizations were forced to cancel fundraisers. However, since our tournament was held in late October- we were able to move forward with it. ALL of our corporate sponsors came through once again. As in years past- the tournament was sold out. In addition, we shared with all 216 golfers the purpose of the meaningful event. ALL proceeds go to our FDSA Peace Officer Memorial Fund. This tournament, we honored and paid tribute to our most recent fallen deputy, Jose Mora. His death was a harsh reminder that sometimes, invisible threats can also pose a painful reminder of what we must confront in the quest for justice. We miss Deputy Mora and will never forget him. This year, Margot Kim of ABC30 sang the National Anthem- which was a fitting and meaningful tribute to begin the day. As we plan next year’s event, we are already thinking about ways to expand and improve the tournament. Thank you to those of you who volunteered and helped make the event a memorable one.

Wishing you a wonderful Thanksgiving season and hoping it also has you counting many blessings!

My best to you and yours, Eric

Greetings everyone! Hope this message finds you well. October is here and we are looking forward to fall bringing cooler temperatures and hopefully fires put out.

The Labor Day holiday is customarily the last official weekend of summer and traditionally the final weekend for our boating unit. However, this year- the weekend began with a raging wildfire that's now the largest in California history.

The Creek Fire was sparked in Fresno County and to date the cause remains under investigation. The blaze instantly sent many of our patrol deputies and detectives into lifesaving mode. Our teams were mobilized to help with everything from evacuations, to road and campground closures, residential patrols in order to prevent looting.

The weekend was especially frightening for more than 200 adults and children visiting Mammoth Pools in Madera County. A fun weekend nearly turned deadly- and a request for mutual aid deployed the National Guard to airlift mass crowds out of a circle of flames.

Thank you to all of you who rushed up to the Shaver Lake area to immediately work 12 plus hour shifts. Your work has been commended by mountain residents, other agencies and local political leaders. The duration has been exhausting and I am grateful for the wonderful compassionate service you have provided to the community. It's during disasters like that where Fresno County residents really rely on us to help them navigate what's a very difficult time for them. It's been hard seeing the tears, heartbreaking loss of homes and then having to tell residents they must still remain evacuated until it's safe and the infrastructure is in place for them to safely survey and digest the damage.

August has been a hot and smoky one in Fresno County. Perhaps- one of the only highlights this month has been the incredible sunrises and sunsets that were provided compliments of the unhealthy air quality. I hope those of you who work graveyards and swings had the opportunity to enjoy some of the fiery red beginnings and endings to each day. Unfortunately, criminals have taken no break and crime is continuing to rise. Calls for service are steady and the levels of crime no longer seem impacted by the ongoing pandemic.

MEMORANDUM OF UNDERSTANDING (MOU)

TCovid-19 continues to linger in Fresno County and statewide. Although there isn’t a complete quarantine/shutdown like we experienced in the spring – there is still enough to cause concern about what this will amount to in 6-12 months when the numbers are revealed in municipal and state budgets. Since this is a presidential election year, we aren’t really hearing too much in the way of complete doom. The markets are moving up in a direction of pre-pandemic numbers. Although travel is still curbed with international borders being off-limits- much of the air industry has been grounded which has had a ripple effect on the oil and energy industries as well. The term ripple effect is key when looking at actually what this shutdown is going to mean for us in the upcoming months and year.

This pandemic and lingering after effects raises concern for us, when engaging in contract negotiations with the County of Fresno. We resumed talks in July, as if we never skipped a beat for a new contract starting July 13 through November 1. During these discussions, many different scenarios were discussed by both sides. After three meetings, the County of Fresno offered no changes to our current contract, but agreed to add additional money for our health insurance starting December 14 through the entire calendar year. This offer followed talks of potential furloughs and taking a hard look at contract takeaways that would not have benefitted our members. After discussion with FDSA Board of Directors- it was unanimous that FDSA move forward with securing this offer for our members. Our legal counsel has also agreed based on the current climate and unusual circumstances- this is a fair extension for members since we are not giving up any pay or benefits. There is no loss of pay/benefits/working conditions, and in addition, we will be receiving additional funds to help off-set health insurance or any increases that may be coming with renewal. FDSA Board of Directors authorized the further extension of our contract taking effect from November 1, 2020 through October 31, 2021.

The benefits and securities that come with this contract provide stability for the time being. FDSA will now go through two budget hearings, with a secure contract intact. This means, we are off the table, as other groups are continuing to be out of contract or still at the negotiating table. Everything in our contract remains the same, nothing is frozen, nothing gets removed and health benefits contributions actually increase for all of us. If you go to the FDSA website, at www.fresnodsa.org you will find the Labor link that will take you to our MOU.

We will be sending out another survey after the first of the year to test what the members are looking for with a new labor contract moving forward in 2021.

RETIREMENT BOARD

Deputy John Robinson was elected to his second term on the Fresno County Retirement Employees Association (FCERA). This was made possible by all of you who placed your ballot in the mail or turned it in at the election’s office. This election was John’s re-election term for the next three years.

John has been a great addition to the FCERA board since his arrival in late 2017. Below are some of John’s accomplishments and decisions made since he has been there.

• I have been privileged to serve on the FCERA Board for one full term and have worked hard to make sure the decisions we make are done with the best interest of pension and its recipients in mind.
• I have assisted newly retired safety members to get there first check even though their paper work wasn’t turned in on time. My goal is to not allow a lapse in your paycheck from active to retirement.
• I was able to explain and elaborate on a few medical retirements which I believe helped clear up some questions the FCERA board had. I believe this helped get those safety members their well-deserved medical retirements.
• I participated in the asset allocation where we as a board decided to adopt a more aggressive portfolio. This should increase the funds in the retirement system more quickly. As of January 2020, the system had 4.5 billion. As of July 2020, the pension fund is up to 4.9 billion.
• I helped start the process for writing a policy regarding the follow up on medical retirements. This would check up on people that receive a medical retirement and make sure they don’t get a similar job then what they retired from or get a job performing duties that they are restricted from doing.
• I have answered several questions regarding the retirement system and how it works. So many of you have reached out over the last three years for questions regarding the pension and how the benefits work.
• I have advised FDSA Board on several issues regarding the retirement system. For example, the status of the retirement system, the percentage of funding, when we expect to be fully funded, and our inflation rate to name a few.
• Based on the chart below, effective July 1, 2020 most safety members will see a reduction in their payroll deductions for pensions and benefits.

Based on the above table, you are seeing a reduction in your rate, or a very minimal increase.

One reason, is based on the movement of our investment accounts. These accounts have been stagnant for many years. I, along with your FCERA Trustees, have made decisions that will allow returns on our money to flourish. One example during the last six months of 2019, after moving investments around, FCERA made over $370 million dollars ending the year with an over $5 billion dollar pension fund. This equates to the pension being over 82% funded.

I have proudly served all of you in 2018, 2019 and during these unprecedented times in 2020. I look forward to continuing as your safety trustee on the Fresno County Employees Retirement Association.

PRAYERS NEEDED fFOR DEPUTY PATRICK GEE

We have a deputy sheriff, Patrick Gee, who is in a fierce fight for his life right now- currently in the hospital. We’ve been told Patrick needs plasma for a chance to recover and survive. Anyone can donate who has either recovered from COVID-19 or has a blood type of O positive or negative. Also, universal blood donors with AB positive or negative can also donate. If you fall into any of these categories, please consider helping him to get well. If you do not meet the criteria, prayers are another way to help this family during this very difficult time. Patrick is a fighter – and we are thinking of him daily.

Truly,
Eric

Despite all the twists and turns of 2020- along with new workplace hazards-we are halfway through the year! The pandemic has redefined how quickly things can change and how instantaneously we must adapt to a health crisis that is evolving daily. It’s been difficult and challenging at times- but hopefully the adaptation and new reality will make us even stronger and more resilient. Opening businesses back up to the public was an encouraging sign. Being able to enjoy a meal at a restaurant, return to the gym and restart the economy was definitely a positive. However, the shutdowns may not be over and we may be continuing to cope with COVID-19 for a while. Although wearing masks is not ideal- especially on patrol, while collecting evidence, dispatching calls, etc.- we can and will work through it. The inconvenience is worth being healthy so we can continue to serve the public. The positive cases in the Fresno County Jail’s North Annex should be a reminder of the reality of the situation locally. The numbers are rising in institutions like jails and rest homes, but also throughout the community at large.

I would like to report some positive news regarding our Unit 1 Memorandum of Understanding (MOU). Although we had been negotiating for a successor MOU prior to March – once the pandemic began, all talks ended. In order to keep our working conditions in contract and all the terms and conditions of our MOU, the county and FDSA agreed to push out the expiration (July 12, 2020) to November 1, 2020. By doing this, County Labor and the FDSA Bargaining Team can have time to analyze the economy and how its recovering, while also navigating budget hearings to see where things fall into place financially. I do not like to be out of a labor contract at all. Although when you are out of a contract you are still guaranteed certain work protections, the fact that we had to stop bargaining can present a challenge for those conditions. We intend to start the bargaining process very soon, and see how economics plays into the county budget. I am happy to proudly say that our workforce showed up every day and did not try to police the community from their homes. Your effort and additional risk during the pandemic is appreciated by county leaders. During all of the civil unrest throughout the state, we sent 20 deputy sheriffs under the mutual aid system to the Bay Area. They were there for four days, serving in the San Francisco and Oakland area. We are proud of the representation to help our fellow law enforcement officers and enforce the laws to protect the first amendment right. However, during this process property was destroyed and crimes were happening. There will be more protesting in the future, until people feel their voice is heard. In Fresno, we have seen the professionalism from those wanting to share their feelings publicly- through signs, marches and peaceful gatherings. I cannot emphasize enough, that freedom of speech is not only the first amendment- but one that allows the US to be the home of the free. However, by giving us the right to free speech, does not give the right to break the law(s) at the same time. As law enforcement officers, our job is to maintain civility at all times. COVID-19 in the Workplace Avoiding COVID-19 when we work with the public can sometimes be difficult. The nature of our jobs is to respond to calls for service and assistance from our community. Sometimes we can stay away from crowds- but that is not always the

Avoiding COVID-19 when we work with the public can sometimes be difficult. The nature of our jobs is to respond to calls for service and assistance from our community. Sometimes we can stay away from crowds- but that is not always the case. For deputies who work in the various courthouses it is a daily challenge. This week more than 500 inmates tested positive at the Fresno County Jail – a deputy who works in the courts was also positive. All of you in the court services unit (CSU), received an email regarding testing, exposure procedure, and filing a worker’s comp claim. FDSA agrees with the overall procedure the department has set up regarding the COVID exposure. The health guidance we are receiving is from the Fresno County Health Department and Dr. Rais Vohra, the health director. Although masks are not mandated for this agency, procedurally, we should be taking the necessary steps to ensure our health. I recommend continuing to follow the guidelines when it comes to mask wearing, using personal protective equipment (PPE)- when applicable, washing your hands, and social distancing. The more isolation, the better your chances are of not being exposed and ultimately not contracting the virus. Use that methodology on and off the job.

The FDSA is working with a vendor who is sending 25 masks next week for our personnel to try out. Please let me know if you would like to try one. If these get good reviews from those who sample them- we will look at supplying each of you with one. This is our way of helping you avoid exposure while on the job. These are adjustable and more durable than a hospital mask, and a lot less bulky and cumbersome than an N95. This virus is likely going to linger for the remainder of the year. Until there is a vaccine approved, we all have to continue working together to stay as healthy as possible. I appreciate all the work you all are doing at your various work sites. Continue pressing forward as this will pass.

- Eric

As we reopen parts of our economy, one can’t help but wonder what this two-month gap of such a standstill and devastating time for so many will look like fiscally as we move forward-as a county, state and nation. Right now- it’s too hard to predict as final budgets are not yet finalized. Our local leaders aren’t really sure, and our Fresno County CAO continues to say the sky is falling and the financial future is bleak. Although this isn’t the first time he has made such a prediction. One positive note- the stock market is back on the rise. Trading is happening, people are reinvesting and moving their current portfolio around. As far as financially- there seems to have been a spark, rather than a fear driven panic for Americans to resume planning for their future. The one common theme in all of this – hard working Americans really want to get back to work and somewhat of a normal life.

One change likely to impact everything from bargaining rights to pensions will be public entities exercising emergency powers in their employment relationship with employees. Public entities’ emergency powers are reflected in collective bargaining laws, which permit them to act first and bargain later during an emergency. They are also recognized in constitutional law, which suggests there are limited circumstances that permit public entities to violate contractual obligations in an emergency. Fortunately, both sets of laws significantly restrict public agencies’ ability to act unilaterally to affect long-term change. But that will not stop some from aggressively pursuing unilateral action as this public emergency deepens and lengthens.

Collective Bargaining During Emergencies

Unilateral Impairment of Contract Rights

Stay safe and please keep watch over your partner.

Eric

May 2020 President's Message

The month of April was busy with a lot of activity going on related to COVID19. There was a positive case in our dispatch center which caused some different planning when it came to FSO Dispatch. The strain has been with the exposures, dispatchers who were sent home due to that one positive test. Employees have been, and are still quarantined for 14 days. Some people may have symptoms, while some may not. But the precaution, following the recommendation of the County Health Doctor, is to 14-day quarantine in order to stop a complete outbreak. All employees and other agencies should have been told this is putting a strain on the radio and call takers. Any help is appreciated, just until we can get out of this and back to full operations.

This positive test came on the heels of Dispatcher Appreciation Week, so trying to backtrack the exposure was challenging. Nonetheless, we were able to get through this positive test with very little collateral damage. I applaud all the dispatchers who continued to serve the public during this time, and those who took the precautions not to infect their peers facing a possible exposure. Those who could really stepped up to the plate.

Working with Sheriff’s Management to deal with the positive test was seamless. Things seem to be back on track now. Lt Gilbert will be continuing to monitor the situation in dispatch until we are back to normal. Weekly deep cleaning and daily disinfecting will be ongoing in the center.

FDSA Elections

The FDSA Board of Directors, voted unanimously on a bylaw change regarding the number of board members serving on the FDSA Board of Directors. Currently, the bylaws state there are 13 board of director positions and four executive board positions. We have been holding some vacant positions since our last election due to promotions and retirement. The board has discussed reducing this number down to a more manageable level.

After much discussion, the board took a position to lower the number down to the recommendation of 9 board of directors and 4 executive board members. The official vote was made on Wednesday May 6th during the regularly scheduled FDSA Board Meeting.

By reducing the numbers, our board of directors will be in groups of three (3) when they are elected to their board seats. During this currently election, the only offices that will go out to the members will be for the two executive board seats, 1st Vice President (Currently held by Isaac Torres) and Secretary/Treasurer (Currently held by Jeff Shipman). This will be voted on soon by the membership.

FCERA Earning Statements

During the month of April is when Fresno County Employees Retirement Association puts out your yearly retirement benefit statement. Many of you called me due to some information that was pretty confusing put on your retirement statement. At first glance, it’s quite confusing, and is putting numbers that just don’t seem factual.

Some examples I saw were 44 year of service at age 70 pays you about $3,000 a month. Others were at 25 years of service you would have $7,000 a month. Obviously, these numbers are all over the board. I contacted our retirement association representative and FDSA Board member John Robinson to advise him of the issue. John looking into the reason why this is continuing to happen.

I have attached the graphs for all of you to be able to cross reference your age (at time of retirement), years of service (at time of retirement) which will give you the percentage on where you will be with those two numbers. Take the salary you make today and use it as a reference of what a scenario would look like (today) if you were to retire based age, years of service and salary. The pay will only get better from here depending where you are at in your career.

I want to clarify some mis information that is being talked about and is simply false. A couple members asked me specifically about PEPRA and why the FDSA voted on that. I was also asked why we got rid of a cost of living adjustment for PEPRA employees. Finally, is there a way to get rid of PEPRA altogether.

PEPRA – Public Employees’ Penson Reform Act took effect January 1, 2013. This was a reform act crafted by then California Governor Jerry Brown. This act changed the way retirement benefits are applied to public employees within the State of California. This act was worked on by Gov. Brown in all of 2012 and approved by California Legislators and became law 1/1/2013. The purpose of it was to get in front of a pension overhaul conversation that were intense during this time. Pension reform has always been funded by private billionaires. They persuade the ultra-conservative Republican lawmaker(s) throughout the state. Side-note: We actually saw these go through in San Diego and San Jose, however, after being litigated they were reversed back to a traditional defined benefit pension system.

Here are the employees who would fall under PEPRA:

• Any new hire who joined a public service retirement system in California after January 1, 2013, with no prior membership in another California public retirement system.

• Any employee who joined a public service retirement system in California prior to Jan 1, 2013, who, on or after Jan 1, 2013 is hired by another public service retirement employer following a break in service more than six-months.

• A new hire who joins a public retirement system for the first time on or after Jan 1, 2013, and who was a member of another California public retirement system prior to that date but who is not subject to reciprocity by that public retirement system.

All members who don’t fall into the above definitions above are considered classic members. Classic members will retain the existing benefit enrollment levels for future service with the same employer. That is PEPRA in a nutshell.

There were questions asked why the FDSA voted to allow this. The answer to that is NO PUBLIC AGENCY had a choice on this. This was passed through an ExecutiveType Order from the Governor’s Office and enacted by the California Legislator.

There is one component the FDSA opposed with the FCERA board regarding PEPRA - which was cost of living adjustments. There is a big misunderstanding that COLA increases were banished with PEPRA – that is completely false. CALPERS has Cost of Living adjustments built into their PEPRA plans. The 20 counties in the state who fall under 1937 Act Retirement Systems, had to decide independently if they would keep the COLA.

When this was being voted on by YOUR FCERA Board – FDSA asked our safety board representative and Chairman of FCERA at the time, Eulalio Gomez, to vote in favor of continuing the COLA’s for Fresno County Retirees who fall under PEPRA. This vote did not pass and the COLA was discontinued. This was disappointing that our own FCERA Board would not vote in favor of continuing the COLA. Will it ever come back or be reversed? That is never off the table, but accomplishing something like that and reversing it would be very difficult. The current makeup of the retirement board would not be in favor of doing something like this. I am currently discussing the idea with John Robinson and FCERA to see how to go about accomplishing this.

I have attached the table for PERPA pension, taken from the FCERA employee handbook. You can see based on the age, years of service, what the percentage will look like when it is your time to retire.

Again, we as the FDSA are here to represent the needs of our members. This doesn’t mean we can move mountains. However, take ideas, suggestions, and input from the members and as a board, we move forward with one clear message.

We look forward to some of the restrictions being lifted to allow us to gather back together as a department.

Truly,

Eric

General Members Retirement Table

Safety Members Retirement Table

April 2020 President's Message

Happy New Year 2020 to all of you. Things have started off on the right foot at the FDSA. Our website is up and running, along with the app that is compatible with both Apple and Android phones. This is the best and easiest way to stay connected with your hours, wages and working conditions. Those of you who are using it, if you see improvements that can be made please let us know so those improvements can be made. We will consult with the creator of the website and make this a user-friendly system that has little to no glitches moving forward.  I have also opened up the availability to sign up for the website up the chain of command so communication is seamless. This is important for member communication along with staying connected to the many community support events and partnerships we have throughout the Fresno community. 

We have finally launched the flooring project at the FDSA. This project has been a few years in the planning process. We wanted to ensure the best product for years to come and limit member’s dues paying for the project. I am happy to say, this project will not be using any membership money to fund. Proceeds from Uptown Bar and Grill and some community donations will help fund this project! This flooring will transform the FDSA building and complete the final phase of the remodel phase that was started in 2010. I know this sounds like a long process (10 years) – but the FDSA Board of Directors direction was not to use any member dues to do this. From building rentals and other fundraising sources, we have built up our reserves to make the improvement. 

I will be taking a by-law proposal to the FDSA Board of Directors to lower the Member Rate when renting the FDSA building for an event. Currently the rate is $350 to rent the building. I will be asking it to be lowered to $250 for a member event. Different factors play into the reduction, but I think it is warranted. My hope is this will get more member involvement and the ability to rent a building that is owned by your association. Many of you already do utilize it and have had several events here over the years.

Aflac for PORAC 

Fresno Deputy Sheriff’s Association

Welcoming in the new year of 2020, our PORAC AFLAC agent, Jamie Amstutz will be available for all Fresno Deputy Sheriff’s Association Members: 

Wednesday, February 19^th from 7:00 am and throughout the day between and for all briefings.

Location: Area 2 Substation – 5717 E. Shields, Fresno, CA

• All Association members are eligible for AFLAC benefits at PORAC rates.
• If you would like to set up a meeting at a specific time, please contact Jamie in advance.
• We now also have Online enrollment available through EVERWELL (Telephonic Enrollment with Jamie)
• Feel free to contact Jamie with any questions regarding claims, changes, signing up…

Jaime was at the FDSA during shift signups, but wanted to come back and make this available to all members. Lt. Curtice has opened up Area Two all day to host the AFLAC signups.  No need to RSVP – just show up!
 

Accident Advantage – Covers you and family for accidents, on or off the job!

• First visit increased to $125-$205 depending on provider (previous plans $120).
• Includes specific-sum injury benefits based upon severity, cash for major tests, physical therapy, ambulance, appliances, and more.
• Includes an annual wellness benefit of $60 once per Calendar year.
• NEW – Organized Sporting Activities Benefit. Adds 25% to total benefit, max of $1000 per year. 
• NEW – Home Modification Benefit - $3,000
• Monthly premiums start at $26.91 – Option 3 or $30.94 – Option 4 

AfLac Cancer Protection Assurance – Level 2 – Pays cash benefits at a time when needed most 

• Receive $4,000 for the first occurrence of cancer, plus the benefit builds by an additional $500 per year prior to first occurrence.
• Covers children at no extra cost!
• Cash benefits for radiation, chemo, second-surgical opinions and much more. 
• Wellness incentives $75, once per year for certain cancer screening tests.
• Monthly premiums start at $40.36

Critical Care Protection – Option 3  - Pays first occurrence, hospital & continuing care;

• Pays $7,500 upon the first incident (increase of $2,500), benefit builds by an additional $500 per year prior to first occurrence. 

• Also pays a higher reoccurrence benefit for additional events (from $2,500 to $3,500) 

• Added Tier 1 and Tier 2 Specified Heart Surgery Benefits
• ICU for any reason
• Monthly premiums are based upon age at enrollment, starting as low as $20.15
• (lower cost from previous plan, for enrollment prior to age 46)

Hospital Choice – Option 1 - Help close the gap on high deductibles, co-pays, and other unexpected costs:

• Flexible Hospitalization Confinement benefit, Rehabilitation, Short Stay and Emergency room benefits.

• Extended Benefits: Physician visit benefits, Labs and X-rays, Diagnostic and Imaging benefits, Ambulance

• Hospital and Surgical Care: Surgical benefits, Invasive Diagnostic Tests, Physician ICU, Daily Confinement and Second Surgical Opinion Benefits.

• Monthly premiums start at $47.97

Please feel free to contact Jamie Amstutz at 858-344-4331 with any questions you may have.  You may also email Jamie at This email address is being protected from spambots. You need JavaScript enabled to view it.

Download my app to easily connect with me on the go! Text Jamie Amstutz to 36260

Morgan Stanley will be at Area Two as well during the same time as Aflac. Heath Seltzer has attached a brief description of what he does and how he can help FDSA members with their future planning. Heath offers a variety of financial options for members who are ready to start investing into their future. If you haven’t thought about wealth management and planning for the future – it may be worth five minutes to discuss some options with Heath than can benefit you and your family. 

Wealth planning. It all starts with one meeting.

Heath Seltzer & Kevin Wright are Financial Advisors at Morgan Stanley Wealth Management and provide Retirement Planning Services to 170+ police and fire families.   They provide complimentary retirement planning consultations and written Financial Plans to help each family map out their retirement spending including pension, deferred comp, IRA, and other investment accounts.  

Swing by anytime on 2/19/2020 between 7am – 10pm for a complimentary consultation to see if your retirement is on track.  Feel free to bring statements for a more in-depth discussion.  You can also email Heath/Kevin at This email address is being protected from spambots. You need JavaScript enabled to view it. / This email address is being protected from spambots. You need JavaScript enabled to view it. to schedule a call or meeting.